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Judgment Search Results Home > Cases Phrase: rationale Court: chennai Year: 2016 Page 1 of about 110 results (0.026 seconds)

Aug 16 2016 (HC)

The General Manager, Union of India owning Western Railway, Mumbai and ...

Court : Chennai

Decided on : Aug-16-2016

..... from 1985 appears to be arbitrary and though opportunity was given to the railway administration to sustain the same, they failed to furnish any basis or rationale for such an uniform increase of rate at the rate every year and further that no reasons have been adduced or given as to the basis ..... year [i.e., january 1985 in this case] should be increased by 10% on the 1st april every succeeding year, without giving any reason or rationale for such a direction is, in our view, is arbitrary. the tribunal was also conscience of the fact that it is primarily concerned with the determination ..... reasonableness or otherwise of the charges levied by the railway administration. the tribunal also expressed disappointment as to the non-furnishing of the details/basis or rationale for such an uniform rate of increase every year at the rate of 10% and so also the witness examined on their behalf. the tribunal, ..... the base year, i.e., january 1985, should be increased by 10% on the 1st april of every succeeding year, without giving any reason or rationale and therefore, found that it is arbitrary. the tribunal has also indicated that it is not their intention to express any opinion on the reasonableness or otherwise ..... challenge in the form of present complaint. the petitioners herein/respondents, on the merits of the case, would contend that there is every basis and rationale for taking the land value as on 01.01.1985 as the base year and would further state that it is a matter of public notice that .....

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Nov 09 2016 (HC)

M. Venkataswamy (Deceased) and Others Vs. Mythira Devi and Others

Court : Chennai

Decided on : Nov-09-2016

..... that a discretion has been vested in the civil court to get any scientific investigation conducted only if it thinks necessary or expedient in the interest of justice. the basic rationale of the provision is that if the opinion of the scientific investigation is going to help in extracting the truth and determining the controversy raised in the dispute before the ..... a discretion has been vested in the civil court to get any scientific investigation conducted only if it thinks it necessary or expedient in the interest of justice. the basic rationale of the provision is that if the opinion of the scientific investigation is going to help in extracting the truth and determining the controversy raised in the dispute before the .....

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Aug 17 2016 (HC)

The Secretary to Government, Information and Tourism (Admn.2) Departme ...

Court : Chennai

Decided on : Aug-17-2016

..... may also note that the learned single judge has been rather considerate to the private respondents so recruited in not seeking to strike down such appointments as being without any rationale or basis only because of the appointments had been made almost 10 years ago. in view of this approach, the learned single judge issued directions that the same should not ..... the concerned parties. it must be based on appropriate reasons recorded for the same. on being asked to point out as to what part of the record pertains to the rationale for relaxation of the rules, the learned additional government pleader for the appellants stated that there is nothing more than what is recorded in the government order - rules were being .....

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Mar 24 2016 (HC)

Petitioner Vs. Respondent

Court : Chennai Madurai

Decided on : Mar-24-2016

..... 'ble supreme court considered the question of extension of limitation, in matters pertaining to land acquisition proceedings. the hon'ble apex court explained the meaning of the word limitation scope rationale and the object in the enactments. while explaining limitation and exercise of power of condonation by courts, at paragraph 14, the hon'ble supreme court held as follows:- 14.it ..... diligence. again, while referring to statutes of limitation, the supreme court described them as statutes of peace. paragraphs 27 to 29 would be relevant for the purpose of understanding the rationale behind fixing time limit, under the statutes and also as to how the courts have to exercise their jurisdiction of condonation of delay. though the hon'ble apex court referred .....

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Aug 11 2016 (HC)

Aircel Cellular Ltd. and Another Vs. Union of India, Thro' Secretary, ...

Court : Chennai

Decided on : Aug-11-2016

..... percentage of agr and when trai had opined that already higher levels of usage charges have been agreed and are being collected from the service providers by the government, the rationale behind the levy of otsc, which is against the contract, is indiscernible, more so, when trai had further opined that penetration in rural areas and affordability of telecom services to .....

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Mar 04 2016 (HC)

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

Decided on : Mar-04-2016

..... the basis of which a finding regarding the genuineness of a will has to be arrived at. it also follows that if the provisions of the will are natural and rationale in character, the question of challenging the will on the above grounds loses much of its importance. further, if the testator himself has explained the reason why he does not .....

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Apr 05 2016 (HC)

A. Akthar Hussain and Others Vs. K. Pappireddiyar and Others

Court : Chennai

Decided on : Apr-05-2016

..... [1993 supp (4) scc 707]. 4.referring to and relying on clause 2(m) of the statement of objects and reasons of the sarfaesi act, he would submit that the rationale behind section 31(i), ibid, is only to exempt security interest in the agricultural land and hence, the said provision cannot be given a meaning to contend that the nature .....

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Sep 09 2016 (HC)

Poompuhar Shipping Corporation Ltd., Tuticorin, through its Managing D ...

Court : Chennai

Decided on : Sep-09-2016

..... excluded in a situation where it is not possible to calculate the same, as was stated in the judgment in the daily pratap case, supra. in fact, that was the rationale for non exclusion and not any other aspect. the constitution bench judgment was explained to imply that there should be genuine production bonus scheme. the production bonus scheme referred to ..... by all concerns or may not be earned by all employees of a concern is excluded for the purpose of contribution. 28. we are, thus, not able to accept the rationale for permitting the orders passed by the provident fund commissioner and the learned single judge that a beneficial construction should be based on the statute; or that the said incentive .....

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Sep 22 2016 (HC)

S. Gurusamy Vs. State Rep. By Deputy Superintendent of Police

Court : Chennai

Decided on : Sep-22-2016

..... the proceedings including finding, sentence or order passed by the special judge in appeal or revision before a higher court and not before the special judge trying the accused. the rationale underlying the provision obviously is that if the trial has proceeded to conclusion and resulted in a finding or sentence, the same should not be lightly interfered with by the .....

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Apr 04 2016 (HC)

Pondicherry Contract Carriage Owners' Association rep. by its Presiden ...

Court : Chennai

Decided on : Apr-04-2016

..... any case, what survived before the andhra pradesh high court was only the levy under section 3-a, but not its collection, due to the absence of a machinery. the rationale behind the decision of the andhra pradesh high court would apply to the cases on hand also. there is no machinery provided under the act as to how the question .....

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